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ALBANY ROLLER MILLS v. NORTHERN UNITED FEEDS

No. C4-86-533.

397 N.W.2d 430 (1986)

ALBANY ROLLER MILLS, INC., et al., Respondents, v. NORTHERN UNITED FEEDS AND SEEDS, INC., et al., Defendants, Leonard Jelinski, Appellant.

Court of Appeals of Minnesota.

December 16, 1986.

Attorney(s) appearing for the Case

Norman B. Kemper, Fletcher & O'Tool, St. Cloud, for respondents.

Douglas P. Anderson, Rosenmeier & Anderson, Little Falls, for appellant.

Considered and decided by POPOVICH, C.J., and WOZNIAK and FORSBERG, JJ., with oral argument waived.

OPINION

FORSBERG, Judge.

The basis of this litigation is a wholesale feed contract between Albany Roller Mills, Inc., and Northern United Feeds and Seeds. The trial court, holding that the contract's terms precluded an oral modification, and that the evidence did not establish a genuine issue of material fact as to a novation or a waiver of the contract, granted summary judgment in favor of Albany. We reverse and remand.

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